Federal court extends TRO against casino commission

CHIEF Judge Ramona V. Manglona of the District Court for the NMI, after hearing from the parties Wednesday morning, extended the expiration of the temporary restraining order that she issued against the Commonwealth Casino Commission to June 8 at noon.

The TRO’s previous expiration was June 3 at noon.

Judge Manglona also granted the casino commission’s request for “enlargement of time” to properly respond to the allegations filed by the casino developer, Best Sunshine Ltd./Imperial Pacific International LLC.

The judge directed the defendant to respond no later than Tuesday, May 31, 2022 at noon, adding that the plaintiff’s reply is due on Thursday, June 2, 2022.

She set a new show cause hearing for Monday, June 6, 2022 at 1:30 p.m. It was previously scheduled for June 2.

The federal court on Monday granted Best Sunshine/IPI’s motion for a temporary restraining order that prevented the casino commission from holding a hearing on May 24-25 to revoke Best Sunshine/IPI’s exclusive casino license.

The judge also required Best Sunshine/IPI to submit and post a security in the amount of $100,000 prior to May 26, at 5 p.m.

At the hearing on Wednesday, attorneys Samul Salyer and Kevin Abikoff, who represented Best Sunshine and IPI, informed the judge that the $100,000 bond was ready to be deposited if directed by the court. 

Judge Manglona then ordered the plaintiffs to initiate the $100,000 cash bond to the clerk of court.

Assistant Attorneys General Alison Nelson and Keisha Blaise represented the casino commission at the hearing.

In its emergency motion for a TRO, Best Sunshine /IPI stated that at the end of May 2022, IPI anticipates that it will begin receiving an infusion of $150 million of capital that will allow it to meet its obligations to its creditors, resume operations, and restart construction.

IPI recently signed a memorandum of understanding with the IH Group to provide that capital, the motion added.

The judge, in her order granting the motion for TRO, said the balance of hardships tips decidedly in the plaintiffs’ favor.

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